September 1st, 2010

Orlando Criminal Defense Attorneys: Free Consultation Available.

Although it may feel like as if the walls are quickly crumbling down on you after being charged with a crime, at Musca Law, we are here to tell you that this is not the end of the world.  Every day throughout Orlando and Orange County, people are arrested and charged with crimes.  If you or someone you care about has recently become one of these unfortunate people, you should speak to an Orange County Criminal Defense Attorney at our firm as soon as possible so work can begin on your case. 

When facing criminal charges in Orlando, whether they are minor or serious, it always helps to have an experienced legal professional providing you with guidance and advice.  Without the proper assistance, you may experience a very difficult time navigating the criminal process and deciding what actions to take in your case.  Individuals who do not have an attorney representing them tend to have a much more stressful time facing criminal charges and are often unsure of what actions to take in their case.

To schedule your free consultation with an experienced Orlando criminal defense lawyer at Musca Law call the number below:

Orange County Office
4767 New Broad Street
Orlando, FL 32814
Phone: 407-443-3729

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August 26th, 2010

Labor Day 2010 DUI Crackdown Begins in South Florida

PLANTATION, Fla. – In advance of the upcoming Labor Day holiday, law enforcement agencies throughout the state and in South Florida are taking part in a nationwide crackdown on drunken and impaired driving.

The Plantation Police Department is one of the agencies that will be conducting DUI saturation patrols for the 18-day period that began Friday and runs through Monday, Sept. 6.

“Many people choose to celebrate with alcohol during the summer,” said Plantation Police Sgt. Joe Gallignani in a statement from the agency.

“Our goal is to apprehend impaired drivers in the area before they cause crashes,” the statement said.

Statewide, the Florida Highway Patrol is also taking part in the enhanced enforcement campaign called “Over the Limit, Under Arrest.”

According to FHP figures, 875 people were killed in alcohol-related crashes in 2009, including 29 who died during the official Labor Day holiday period.

If you have been or are ever accused of driving under the influence in South Florida, feel free to call our Orlando drunk driving attorneys to help you.

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August 22nd, 2010

Did Four Loka Energy Drink Contribute to Deadly Crash?

After the crash that killed an Orange County man and his three sons, police found a crumpled can of an alcoholic energy drink called Four Loko inside the mangled remains of the suspected drunk driver’s Chevrolet Impala.

The suspect, 20, told St. Petersburg officers he had been drinking the high-octane malt beverage and other alcohol, plus using marijuana, before the Aug. 1 collision that claimed the lives of 3 Orlando residents.

Four Loko and similar beverages are sold in colorful cans that resemble iced tea and ordinary energy drinks. At about $2.50 for a 23.5-ounce can, this affordable buzz has outraged attorneys general and advocates for sobriety in recent years.

“It’s a very bad combination having alcohol, plus caffeine, plus the brain of a young person,” said Bruce Goldberger, a professor and director of toxicology at the University of Florida College of Medicine. “It’s like a perfect storm.”

Aficionados, however, say they like the taste — and the effects.

Juan Fernandez, 41, said these drinks are so strong, he drinks just one daily.

“If you’re not a drinker and you drink one, you’ll be really twisted [drunk],” said Fernandez, who stocks shelves at Parramore Corner Store in Orlando.

On the market since 2006, Four Loko contains 12 percent alcohol and is sold in flavors including lemonade, watermelon and fruit punch. By contrast, most beer contains between 4 percent and 5 percent alcohol.

Adding to Four Loko’s jolt are guarana, taurine and caffeine — ingredients commonly found in energy drinks — and plenty of sugar.

It’s a popular product among teens and young adults — Four Loko has a Facebook page with more than 150,000 fans.

The U.S. Centers for Disease Control and Prevention warn that caffeine-laced alcoholic beverages are harmful. But Phusion Projects, a Chicago company that markets Four Loko and a related brand, Four MaXed, defends the safety of its drinks.

In statements to the Orlando Sentinel, Phusion said its products are only for those of legal drinking age and that they contain less caffeine than a 12-ounce cup of coffee.

The company also extended sympathies to the McConnell family.

“This tragedy speaks to the serious, societal concerns regarding the misuse of alcohol in our society — alcohol abuse, drunk driving and underage drinking are problems we would all like to see discussed and solved,” wrote managing partner Chris Hunter.

A discovery of this nature in any DUI case can make a big difference.

Are you facing DUI charges in Orlando? If so, you would be well advised to promptly contact an Orlando DUI lawyer at Musca Law to conduct an investigation of your arrest.

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August 18th, 2010

What is the legal limit for persons under 21 in Florida?

The legal limit for underage drivers in Orlando and throughout Florida is .02 (as opposed to .08 for adults). Being caught with a .02-.07 blood alcohol concentration (BAC) is NOT a criminal offense, but is serious nonetheless. This is because of the license suspension one could suffer.

When cited with a .02 offense one’s license will be automatically suspended. And unless you fill out the necessary paperwork and therefore challenge the suspension, it will remain on your record for 75 years! However, if proper care is taken it should be simple to have the suspension revoked.

Have you been dealt a .02 citation in Orlando or elsewhere in Orange County, FL? If so, we know exactly what steps to take to ensure this citation doesn’t cause any more damage to your life then it should. Call an Orlando DUI attorney at our firm at 407-443-3729 today. We can also assist you if you’re facing criminal DUI charges.

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August 14th, 2010

Sobriety Tests: Walk And Turn (WAT)

The Walk-and-Turn test and One-Leg Stand test are “divided attention” tests that are easily performed by most unimpaired people. They require a suspect to listen to and follow instructions while performing simple physical movements. Impaired persons have difficulty with tasks requiring their attention to be divided between simple mental and physical exercises.

Free Consultation: 407-443-3729

In the Walk-and-Turn test, the subject is directed to take nine steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn on one foot and return in the same manner in the opposite direction. The examiner looks for eight indicators of impairment: if the suspect cannot keep balance while listening to the instructions, begins before the instructions are finished, stops while walking to regain balance, does not touch heel-to-toe, steps off the line, uses arms to balance, makes an improper turn, or takes an incorrect number of steps. NHTSA research indicates that 79 percent of individuals who exhibit two or more indicators in the performance of the test will have a BAC of 0.08 or greater (Stuster and Burns, 1998).

View videos and descriptions of other field sobriety tests commonly conducted in Florida.

If you have  recently failed the WAT test or another field sobriety test in Florida you are not necessarily guilty. First of all police may have not instructed you to do so properly or perhaps you are physically unable to perform the test(s). If either of those stand to be true the state’s attorney will have a difficult time convincing the jury of your guilt. It’s also important to remember these tests are not the best scientific evidence and their significance will be left up to the jury if your case indeed does go to trial.

Want to fight your Florida DUI charge? If so, contact an Orlando DUI attorney at our firm for a free and confidential consultation. If anyone can make it happen, we can.

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August 11th, 2010

Service Held for Orlando Family Killed in Alledged DUI Wreck

Family and friends gathered in Orlando to remember a father and his three sons who were killed by a drunk driver in St. Petersburg a little over a week ago.

A memorial service was held for the 3 victims, a father and his 3 sons.

They are survived by three wives, a girlfriend and two young children.

The four men were in a Ford Fusion when they were hit by a Chevrolet Impala driven by a man now suspected of DUI manslaughter in the early morning hours of August 1, police say. They were on vacation and had rented a house on Redington Beach.

The suspect has admitted to drinking alcohol and smoking marijuana before the accident, according to police.

He told police he was mixing liquor with cans of Four Loko, an energy drink that combines caffeine with malt liquor. He ran a red light, causing the crash at MLK and 22nd Avenue North.

The suspect now faces DUI manslaughter charges.

Several days after the crash, grief-stricken family and friends met with the news media and said they harbored no anger toward the suspect.

“You can’t live your life with hate in your heart because that puts you on hold,” said a relative of the victims. “That allows the event to take over your life from this point forward.”

Hundreds attended the service at University Carillon United Methodist Church. Four different stations were set up to remember each man in the entrance to the church.

Our condolences go out to the victims family at this difficult time. Tragedies of this nature are the reason why Florida DUI laws have become and continue to become stricter and rightfully so. On the other hand not every person suspected of DUI is guilty of killing 4 people or even guilty at all. If you have been wrongfully accused of drunk driving in Orlando we welcome you to contact an Orlando DUI attorney at our firm anytime.

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August 8th, 2010

Boy’s Father Says He’s Sorry for Crash That Killed 4

One word tumbled out of the boy who is said to have killed an Orlando man and his 3 sons  over and over again as his family visited him Thursday in jail.

“He kept saying he’s sorry,” said the suspect’s father. “He’s sorry for what he did.”

The suspect was drunk, high and speeding, according to St. Petersburg police, when he ran a red light Sunday and rammed a car driven by an Orlando father and his three sons.

The suspect was released from a hospital Tuesday with a broken leg and taken to the Pinellas County Jail, where he is being held on four counts of DUI manslaughter.

His family wasn’t allowed to visit him at the hospital. He’s been under arrest since the crash and was a prisoner at Bayfront Medical Center. Pinellas deputies couldn’t even let the family speak to their son as he was wheeled past them on his way out of the hospital.

Pinellas jail prisoners can only speak to their families via video monitors and telephone handsets. They cannot be in the same room together.

The victim’s family said this week that they want to see the suspect held accountable for the crash, but that they also want to forgive him. That message was finally delivered on Thursday.

“He teared up every time it came up,” the father said. “We explained to him that they forgave him, and he needed to hear that. Feeling the way he’s feeling, I just want to make sure his mind’s okay so that he doesn’t try to hurt himself.

“But he still feels sorry. His heart goes out to them.”

If you have been arrested for DUI in Orlando or elsewhere in Orange County, FL you are NOT necessarily guilty. Contact an Orlando DUI Lawyer at our firm for a free consultation today.

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August 4th, 2010

Orlando Man and 3 Sons Killed in Suspected DUI Crash

An Orlando man and his three sons were killed after their car was struck by an intoxicated driver who sped through a red light in St. Petersburg just before 1:00am Sunday, police said.

“When he told me that the three sons were also killed, we just couldn’t believe it,” said neighbor Norma Vasquez.

In the east Orlando neighborhood where Vasquez lives, the deaths of four members of the McConnell family who live down the street are almost too heavy to bear.

“Those kids grew up with our kids here. They played in this neighborhood. They went the same elementary, junior high school. They graduated and still kept in touch,” explained Vasquez.

Neighbors said the family left Orlando to spend some time together on the west coast of Florida.

St. Petersburg police said early Sunday morning a 20-year-old who was allegedly driving drunk, ran a red light and crashed into the victim’s Ford Fusion car.

Police said the crash killed 51-year-old and his three sons ages 28, 24 and 19.

“Somebody that’s been drinking on the road, shouldn’t be on the road, was on the road and this is what happened,” said Vasquez. Read the rest of this entry »

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August 1st, 2010

Florida DUI Penalties: Community Service

When there is no avoiding a DUI conviction, community service is commonly part of a sentence. Obviously, community service is not meant to be enjoyable and isn’t, but it’s always preferred over a jail sentence, loss of a license and, by some, high monetary fines which all can be alternatives.

In Florida:

Community Service – s. 316.193 (6)(a), F.S.

First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.

Arrested for DUI in Orange County, Florida? Contact an Orlando DUI lawyer at Musca Law now.

After being sentenced to community service the judge will sometimes provide you a list of community service organizations to choose from. Other time he or she will assign you to a specific organization. If you get lucky, a judge may let you choose a unspecified organization you are comfortable with. Some examples of community service include:

  • Talking publicly about the dangers of driving under the influence.
  • Working with anti drunk driving groups such as MADD.
  • Working with law enforcement (e.g. washing police cars)
  • Picking up liter.

The important thing is that your hours are recorded properly. When you return to court you must have a signed court document by whoever supervised you that all hours were completed. Failure to do so will result in harsher penalties such as jail time.

If you have recently been charged with drunk driving in Orlando it’s important to know the charge is most likely beatable if proper steps are taken. Remember, if you avoid being convicted you’ll also be avoiding community service and many other unpleasant penalties such as monetary fines and jail time. If you are truly interested in fighting your Orlando DUI charge we welcome you to contact our experienced Florida criminal defense lawyers for a free and confidential consultation (conducted either in person or by phone, your choice.)

Not sure what lawyer to choose? When considering our firm to fight your DUI or other criminal charge you will be pleased to find out we have over 100 years combined experience trying criminal cases. Because of the great results we continually achieve we encourage you view our past case results before scheduling your free consultation.

Your freedom is to important to trust inexperienced attorneys with. You will be glad you had our experienced team on our side. Call us at 407-443-3729 now.

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July 28th, 2010

Orlando Man Crashes Into House, Charged With DUI With Property Damage

An Orlando man remained in the Orange County Jail this morning following his DUI-related arrest Thursday

Free Consultation: 407-443-3729

A man of Orlando, 47, is accused of crashing his pickup into a house in Pine Hills on Thursday.

He was driving north in a Ford F-150 when he veered onto Hastings Terrace and rammed into a house in the 1800 block, the Florida Highway Patrol said.

The suspect ran away but was caught by a police dog shortly after the 3 p.m. crash, the FHP said.

He was arrested on charges including DUI with property damage, driving on a suspended license and leaving the scene of an accident.

In cases where property was damaged potential penalties always increase and sometime make the charge a felony. If you have been charged with DUI with property damage or a related criminal offense in Orlando you should know that avoiding a conviction and therefore a criminal record is probably an option.

To learn more about fighting your Orlando DUI or criminal charge contact our Orange County, FL DUI attorneys for a free consultation:

Orange County Office
4767 New Broad Street
Orlando, FL 32814
Phone: 407-443-3729 – Phones Answered 24/7
Free Consultation!

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